Privity.

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  • (1) acts, omissions, decisions, or conduct that constitute fraud or intentional misrepresentations; or
  • (2) other acts, omissions, decisions, or conduct, if the person performing the professional services:
    • (a) knew that a primary intent of the client was for the professional services to benefit or influence the particular person seeking to establish liability; and
    • (b) identified in writing to the client that the professional services performed on behalf of the client were intended to be relied upon by the particular person seeking to establish liability.




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